- The Court of Appeal sitting in Port Harcourt rules again that the APC does not have any candidate in Rivers state in the forthcoming elections
- The court rules against an appeal filed by the faction of the APC loyal to Rotimi Amaechi, the transport minister
- The appeal court says it is not necessary to continue with the matter as the ruling against is consistent
A Court of Appeal sitting in Port Harcourt has again affirmed that the All Progressives Congress (APC) does not have a governorship, National Assembly or state legislature candidates in Rivers state ahead of the general elections.
The appeal court therefore struck out an application filed by a faction of the party loyal to the transportation minister, Chibuike Amaechi, which sought to challenge the judgment of Justice Chiwendu Nworgu of the Rivers state high court annulling the party’s wards, local governments and state congresses.
This Day reports that the APC, on Tuesday, January 15, re-appealed against an earlier ruling of December 12, 2018, by the court.
The party argued that the high court did not have the jurisdiction to hear the matter on the first instance.
It was learnt that a panel of the appeal court, which was constituted to handle the matter, struck it out on January 17, stressing that it was a pre-election matter.
According to the report, the latest judgement was delivered on behalf of the panel at 7pm on Thursday, January 17, by Justice CN Uwa, who noted that the lower court handled a pre-election matter and ought to have been appealed and disposed of within 60 days after.
Justice Uwa reportedly noted that where an action is status barred, the court has no right to hear it.
She added that the issue of filing out of time is a preliminary objection, which is in itself a case. According to her, the appeal court, which earlier struck out the matter, would remain consistent in its rulings.
“This is a pre-election matter. It has earlier been held by this same court in an appeal of the substantive matter. This court cannot seat against itself on the same matter.
“The appeal is fundamentally defective. The court cannot go into the matter, as doing so will amount to an effort in futility.
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“It is unnecessary to continue on an appeal no matter the merit, which this court has held as status bound. It would be an effort in futility to continue. It is thus status barred! This appeal is hereby struck out,” she ruled.
Legit.ng earlier reported that Port Harcourt division of the appeal court recently confirmation that the APC has no candidates in Rivers state as it dismissed the appeal filed by a candidate of a faction of the party, Tonye Cole.
Legit.ng gathers that the court, led by Justice Abubakar Yahaya, further dismissed the appeal filed by the sacked Rivers state APC chairman, Ojukaye Flag Amachree, as it also confirmed the judgment of Justice Chinwendu Nwogu that Rivers state has no ward executives, local government executives and state executives. According to the court, both appeals lacked merit.
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